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Lowell claim form - old very cat debt


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Posted (edited)

I'll try and keep this brief but I'm desperate for some help on this.

 

My partner bought an apple watch from very, after lots of backwards and forwards with apple support it was deemed faulty (wouldn't connect to his phone) and returned, Very acknowledged via email the return.

 

End of story or so we thought,

 

we received a letter stating the find my phone was active - and to disconnect or the device would be destroyed.

 

I checked his phone and deleted all devices to make sure - however this was the primary issue with the device and why it was returned. 

 

Some time later - I find a pile of unopen mail of his and it turns out Very have passed a debt for this watch (that we do not have to lowells).

 

I make him contact both lowells and very, as the debt is over £1000.

 

Long story short Very had charged twice instead of refunded, but are saying that the charge is correct as they destroyed the device as find my phone was still active.

 

Lowells have now taken court action and are asking for £778.70 for a device we don't have. What do I do?

 

I appreciate he has ignored letters and this probably could have been resolved quickly at the time if he hadn't, but this is the situation we are in now,

 

do I have any room to manoeuvre on this or should I just pay it to avoid further costs if I fail to defend it? 

Edited by dx100uk
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Welcome to the Forum.

 

Lowell actually served a court claim (N1) from the County Court Bulk Center Northampton ? or just a letter of claim threatening ?

 

Andy

We could do with some help from you.

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Please will you post up a copy of the claim form in PDF format. Multipage single file. You can redact it for identifiers

Also, what is the date of the claim form?

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Also, respond to it by filing an acknowledgement and say that you are proposing to defend everything .

Also, are you out of pocket by anything?

 

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Please read the following link on how to proceed with a court claim and then copy the Q,s and responses back here for further advice.

 

 

We could do with some help from you.

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  • dx100uk changed the title to Lowell claim form - old very cat debt

Which Court have you received the claim from ? Northampton

 

MCOL Northampton N1 ?

Manual Claim CCMCC (Salford) ?

New beta WWW.MONEYCLAIMS.SERVICE.GOV.UK ?

 

If possible please scan redact and upload a full page copy of page 1 of the claim form. (not the response page or AOS)

 

 

Name of the Claimant ? Lowell, portfolio

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 18/02/22

 

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim? The claim is for the sum of £591.99 due by the defendant under an agreement regulated by the consumer credit act 1974 for a shop Direct account with an account reference of xxxxxx. The defendant failed to maintain contractual payments required by the agreement and a default notice was served under s.87(1) of the Consumer Credit Act 1974 which has not been complied with. The debt was legally assigned to the claimant on 22.02.21, notice of which has been given to the defendant. The claim included statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £46.71. The claimant claims the sum of £638.70

 

What is the total value of the claim? 778.70
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? a letter was received 10th December stating 30 days to avoid court claim
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? no
 

Did you inform the claimant of your change of address? N/A

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Yes
 

When did you enter into the original agreement before or after April 2007 ? After 
 

Do you recall how you entered into the agreement...On line /In branch/By post ? Online
 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? I don't know
 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt Purchaser
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? I am assuming yes as he didnt open his mail. 
 

Did you receive a Default Notice from the original creditor? I don't know
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Yes
 

Why did you cease payments? We never started as the item was returned faulty.

 

What was the date of your last payment? N/A
 

Was there a dispute with the original creditor that remains unresolved? Yes - however they consider it resolved. 
 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? no
 

What you need to do now.

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Follow the instructions provided in the claim pack and register on line to use the on line service.

 

Follow the link for requesting further information re the credit agreement (CCA request) and CPR 31.14

 

By Tues 8th March by 4.00pm the claim must be acknowledged service (19 days inc 18th) you then have a further 14 days to submit a defence by Tues 19th March 4.00pm.

 

We could do with some help from you.

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Thank you I have used both templates and will get them sent this afternoon. If I defend and don't win will I end up with significantly larger costs? Can you tell I'm nervous about this but determined none the less 😬

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pop up on the MCOL website detailed on the claimform.
[if mcol is not working return after the w/end or the next day if week time]
.
 register as an individual on the Gov't Gateway Site
Go to HMRC's login page.
Click the GREEN sign in button.
Click “Create sign in details”
Enter your email address where asked.
You will now be emailed a confirmation code. ...
You will now be issued with a User ID for your government gateway account.
 note down your details inc the long gateway number given, you might need it later.
 then log in to the MCOL Website
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked
 you DO NOT file a defence at this time
[BUT you MUST file a defence regardless by day 33 ]
click thru to the end
confirm and exit MCOL.
..
get a CCA Request running to the claimant

https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/

..

Leave the £1 PO unsigned and uncrossed

.

get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant]
...
.[use our other CPR letter if the claim is for an OD or Telecom Debt]
.

https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/

.

on BOTH type your name ONLY
Do Not sign anything
.
you DO NOT await the return of ANY paperwork 
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

..............


its small claims court so not massive extra charges that whats on the claimform,....IF they win.

 

very very (sic) doubtful they will mind

you have a solid dispute to include later.

 

there are 10's of lowell claimform threads here whereby they have lost or discontinued such cases.

use our enhanced google searchbox 

lowell claimform.

 

dx

 

  • Like 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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1 hour ago, Mdot43 said:

Thank you I have used both templates and will get them sent this afternoon. If I defend and don't win will I end up with significantly larger costs? Can you tell I'm nervous about this but determined none the less 😬

 

Well they have now issued the claim and paid the issuance fee and Sol costs (£140.00) so that's already added irrespective....if you have a valid defence which you have then there should be no reason to lose...and the reasoning for your defence the debt buyer cant really deny or have any credible argument.

We could do with some help from you.

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Ok so how were you communicating with Apple. If via email do you still have the emails. Also did you keep the acknowledgement from Very re the receipt of the watch back. 

 

What was the model of the phone and watch. There have been compatibility issues with phones and watches. 

 

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Unfortunately we communicated with apple via live chat and telephone so I don't have the transcripts. It was an iphone 8 at the time so I will look into the issues see what I can dig up. I still have the email from Very stating they received the watch back. 

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damn

 

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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  • 2 weeks later...

Okay Folks I've drafted a defence please could you cast your expert eye over it for me please, I've added a couple of questions in red. Thanks Again! 

 

DEFENCE

 

The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

Paragraph 1 is noted and accepted I have in the past had financial dealings with Shop Direct in which I cannot recall the precise details of any agreement and have therefore sought clarification by way of a CPR 31.14 and section 77 request which the claimant has currently failed to comply with and therefore is unable to prove its basis of claim pleaded within its particulars.

 

I am saying this but have I had financial dealings as the watch is the only thing ever purchased and that was returned?

 

Paragraph 2 is denied. I did not fail to make contractual payments as I no longer possessed the watch. The Apple watch supplied by Littlewoods (01/06/20) was faulty, Littlewoods acknowledged receipt of the request to return (15/06/20) then a further confirmation that the item was received. Instead of refunding the account Littlewoods in error charged for the item again despite the goods not being of satisfactory quality and having been returned for a full refund in line with the consumer rights act 2015.

 

Littlewoods claim the find my phone feature was enabled however the device was not linked to our account – that was primarily why it was returned – should I state that here or not?

 

Paragraph 3 is denied. I have not been served with a Default Notice pursuant to sec 87 (1) the consumer credit Act 1974.

 

Paragraph 4 is noted with regard's to assignment. The debt was incorrect and is still in dispute and therefore should not have been assigned to a Debt Collector.

 

On receipt of this claim I sent a CPR 31.14 request and a section 77 request for sight of any documents referred to within the Claimants particulars to establish what the claim is for. To date they remain in default of both requests.

 

It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

 

a) Show how the Defendant has entered into an agreement.

b) Show how the Defendant has reached the amount claimed for.

c) Show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87.1 CCA 1974.

d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.

 

As per Civil Procedure 16.5 it is expected that the Claimants prove the allegation that the money is owed.

 

By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

 

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Requires work I will get back to you later.

 

Andy

We could do with some help from you.

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Thank you,

I've just realised something though reading through loads of back cases and the pre action protocol, I have a letter here dated 10th December saying you have 30 days to avoid a county court claim (the one with the red writing) but the amount on it is incorrect, its still for the double charges,

 

they did not reissue this letter before seeking the claim for the reduced amount does that mean it doesn't count as notification? 

 

So technically we never received a statement of the debt that they have actually sought to recover.

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The amount is irrelevant really its the sending of the notification and compliance by both parties (30 days) more important.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Particulars of Claim for reference only

 

1.The claim is for the sum of £591.99 due by the defendant under an agreement regulated by the consumer credit act 1974 for a shop Direct account with an account reference of xxxxxx.

2.The defendant failed to maintain contractual payments required by the agreement and a default notice was served under s.87(1) of the Consumer Credit Act 1974 which has not been complied with.

3.The debt was legally assigned to the claimant on 22.02.21, notice of which has been given to the defendant.

 

The claim included statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £46.71. The claimant claims the sum of £638.70

 

What is the total value of the claim? 778.70

 

 

DEFENCE

 

The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

Paragraph 1 is  admitted. I did open an account with Shop Direct on or around xxxxxxx to which I made one single purchase being a Apple Watch. The product failed to work as advertised and with intervention from Apple Support the product was deemed faulty. The Watch was returned to Very on (insert date). Very acknowledged return by email. 

 

Paragraph 2 is denied. The product was returned to Very for refund to the account. I did not fail to make contractual payments as I no longer possessed the watch. The Apple watch supplied by Littlewoods (01/06/20) was faulty, Littlewoods acknowledged receipt of the request to return (15/06/20) then a further confirmation that the item was received. Instead of refunding the account Littlewoods in error charged for the item again despite the goods not being of satisfactory quality and having been returned for a full refund pursuant to The Consumer Rights act 2015.

 

Not withstanding the above it is denied I was ever served with a Default Notice pursuant to sec 87 (1) CCA1974.

 

Paragraph 3 is noted. Although the debt should never have been assigned as there was no debt and therefore irrelevant.

 

Further to the above should Very dent the facts. On receipt of this claim I sent a CPR 31.14 request and a section 77 request for sight of any documents referred to within the Claimants particulars to establish what the claim is for. To date they remain in default of both requests.

 

It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

 

a) Show how the Defendant has entered into an agreement.

b) Show how the Defendant has reached the amount claimed for.

c) Show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87.1 CCA 1974.

d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.

 

As per Civil Procedure 16.5 it is expected that the Claimants prove the allegation that the money is owed.

 

By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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